St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-11-03
THIS HANGS THEM.
The Cold, Clear Legal Facts Are
Set Forth by the Supreme

me COI0, SleaF Legal FaCtS Are
Set Forth by the Supreme
Court.
WASHINGTON. Nov. 2.-The supreme
court has refused to grant the writ of
error prayed for in the Chicago anar-
chist cases. They will hang Nov. IL.
This destroys their last chance of
judicial interference with the execution
of the sentence of death, and their only
hope now for a prOlOngatiOn of life
seems 10 depend upon the executive
clemency of the governor of Illinois.
The chief justice began reading his
opinion at five minutes past ~ and fin
ished it with the announcement of the
denial of the writ at 1910. The follow
ing is the text of the opinion:
Supreme court of the United States, Octo-
Der term, 1887, ex parte:
In the matter of August Spies, Michael
Schwab, Oscar Neebe, Samuel Fielden. Al
bert r. Parsons, George Engel, Adolph
Fischer and Louis Lingg, petitioners:
Application for the allowance of writ of
error to the supreme court of the state of
Illinois.
When. as in this case, application is made
to us on the suggestion of one of our number
TO whom similar application had been pre-
viously addressed for the allowance of a writ
of error to the highest court of the state
under section 700 of the revised statutes, it
is our duty to ascertain, not only whether
any question renewable here was made and
decided in the proper court below, but
whether il is of character to Justify us in
bringing the judgment here for Te-eXami-
nation. In our opinion the writ ought not to
be allowed by the court if il appears from the
face of the record that the decision of the
federal question which is complained of was
so plainly right as not to require argument
and especially if it is in accordance wi tn our
own well-considered judgments in similar
cases. This is in effect what was done in
Twitchell VS.. the Commonwealth, Wall.
323 when a writ was refused because the
questions presented by the record were no
longer subjects of discussion although if
they had been, in the opinion of the court
''open," it would have been allowed When
under section of our rule 6, motion to
affirm is united with a motion to dismiss for
want of jurisdiction, the practice has been to
grant the motion to affirm when the question
on which our jurisdiction depends was so
manifestly decided right that the case ought
not TO De held for further argument. Arrow
smith VS.. Harmontng, lis U. s.. 1914, 1875;
Church VS.. Kelsey, l21, U. S., 2S2. The pro-
priety of adopting similar rule upon mo-
lions in open court for the allowance of
writ is apparent for certainly we would not
be justified. as a court, in sending oct writ
to bring up for review a Judgment of the
highest court of a state when it is apparent
On the Face of the Record
that it would beIour duty to grant motion to
affirm as soon as it was made in proper FORM
In the present case we have had the benefit
Of argument in support of the application,
and while counsel have not deemed il their
duty to go fully into the merits of the Quex-
tons involved, they have shown us distinctly
what the decisions were of which they eon-
plain and how the questions arose.
In this way we are able to determine as
court in session whether the errors alleged
are such as 10 Justify rs in bringing the csss
here for review.
We proceed, then. 10 consider what ,ss
questions arc on which, 4 !: exists al az OF
Jurisdiction depends.
The particular provisions Of .he censt:n,
ton of the United States on which counsel
rely are found in Articles ". v, VI. aEt
xiv. of the amendments, sc followsi
Article w. The right OF he people 70 be
secure in their persons, houseS papers snd
effects against unreasonable sec-cAes acd
seizures shall not be violated.
ArticleF. No person shall be compelled
In any criminal case TO be witness agaiu.l
himself, nor be deprived OF life. liberty or
property without due process Of law.
Article W. In all criminal prosecution Lhe
accused shall enjoy the right to q speedy and
public trial by an impartial jury of the state
and district wherein the c:iI;:c s5ail have